Chronic Pain After Slip & Fall Cases in New York
Serious fall accidents can cause injuries such as broken bones and leave accident victims with chronic pain that can affect the individuals’ quality of life long after the accident. Pain from slip and fall injuries is often so bad that victims have trouble working or caring for their family.
At David Resnick & Associates, our New York injury attorneys are dedicated to helping victims across New York pursue the compensation they need after slip and fall accidents and other accidents caused through no fault of their own. We fight for the best possible outcome in every case we handle. We’ve helped New Yorkers recover millions of dollars to rebuild their lives after serious injuries.
Our compassionate New York personal injury attorneys focus on providing clients with exceptional legal representation and the personalized attention they deserve after a traumatic accident. We’re dedicated to serving people in Manhattan and throughout New York City.
If you’re suffering from chronic pain after a fall accident, contact David Resnick & Associates right away to set up your free consultation. Our Spanish- and English-speaking staff are available to evaluate your case and help you understand your legal options. The consultation is free. Contact us today at (212) 279-2000 or online.
Types of Accidents That Lead to Chronic Pain
Some of the types of accidents that most commonly lead to chronic pain include:
- Slip and fall injuries. These accidents can happen at stores, restaurants, work, parks, and many other NY locations when property owners or managers fail to prevent or promptly fix hazardous conditions. Some common slip and fall dangers include wet surfaces, poor lighting, damaged walkways, and uneven stairs.
These accidents often lead to significant injuries like broken bones and muscle strains and sprains, many of which take months to heal and leave victims with chronic pain issues long after the main injury has healed.
- Motor vehicle accidents. Accidents involving cars, trucks, motorcycles, and other vehicles harm not only the drivers but also those around them like pedestrians and cyclists. Even accidents that many people consider minor such as fender benders can cause significant injuries with long-term consequences.
For example, people in fender benders often suffer from whiplash and other neck injuries. A victim may not seek treatment because he or she thinks the injuries will get better on their own. While injuries sometimes heal without treatment, they can also worsen and lead to chronic issues such as ongoing muscle pain and headaches that can significantly impact the victim’s way of life.
- Workplace injuries. Even the most common work duties can cause chronic pain.
For example, employees who sit at a desk all day typing might experience chronic back, neck, and shoulder pain, as well as painful repetitive motion injuries such as carpal tunnel syndrome. Workers that carry, push, or pull heavy loads can suffer from painful injuries like muscle strains and damaged tendons and ligaments.
Types of Chronic Pain
Chronic pain is any pain that lasts beyond the time that injuries normally take to heal. This pain might last for months, or years and disrupt your ability to do regular activities including working or performing household chores. Chronic pain can result from many different types of injuries, including:
- Joint injuries. Joint injuries often require physical therapy and may result in some loss of function. Some joint injuries result from conditions like osteoporosis, arthritis, or lupus, but injuries to joints from accidents are common as well. Chronic pain in multiple joints is often due to some form of arthritis.
- Back injuries. Chronic back pain is one of the most disruptive conditions that people may face. Many types of accidents cause soreness, dull aches throughout the back, burning and stiffness in particular areas. A slip and fall accident may cause a herniated disk, also known as a slipped disk. The disk can compress nerves and cause muscle weakness or numbness. A broken bone in the spine can cause intense chronic pain. Since the back supports so many parts of our bodies, back injuries often cause related pain in other areas, such as in the hips or down the legs.
- Head injuries. Serious head injuries and even some minor injuries can leave a person with migraines and chronic headaches. Many people treated for traumatic brain injuries report living with chronic pain. These conditions may leave a sufferer bedridden for days, unable to complete daily tasks and require pain management.
- Neck injuries. Injuries to the neck can cause chronic pain in many parts of the body. A fall may result in a whiplash injury to the neck resulting in pain and stiffness that can become chronic. Victims often experience pain that radiates down their arms or into their head or that makes it difficult for them to control their movements.
- Muscle injuries. Injuries to the legs or arms in a fall can cause inflammation and pain to soft tissues. A fall victim may suffer chronic muscle pain, which is referred as myofascial pain syndrome. It affects the connective tissue that covers the muscles.
Treating Chronic Pain
People can sometimes treat minor pains with drugs such as anti-inflammatory drugs and muscle relaxers. With any chronic pain, it’s best to have a doctor evaluate the injury and recommend a chronic pain treatment strategy. The type of treatment that your physician will recommend for chronic pain will depend on where your pain is located and the severity.
A doctor may recommend prescription pain relievers, physical therapy, chiropractic treatments, or massage. In the most serious cases, they might recommend surgery to correct an underlying issue that might be causing the pain.
If your chronic pain resulted from an injury caused by someone else’s negligence, you shouldn’t have to bear the costs of the medical expenses and lost income from missed work. You may have a legal right to demand that the negligent individual and their insurance pay for your medical expenses and related costs. An injury attorney at David Resnick & Associate can evaluate your legal options during a free consultation.
Why Having Legal Assistance is Crucial
Victims of chronic pain who have legal representation often get much more compensation than those who try to pursue a claim and negotiate with an insurer on their own. Unfortunately, it’s often difficult for accident victims to get the compensation they deserve for chronic pain with the help of an attorney.
When victims try to pursue a claim by themselves, insurance companies often dismiss or minimize their claims, contending that they are not really suffering as much as they claim. However, an NYC chronic pain attorney with significant experience handling these kinds of cases will know what types of evidence you will need to have to seek the full compensation you deserve.
Our attorneys have the skills and resources to gather evidence such as testimony from medical or occupational experts who can demonstrate how your injuries cause chronic pain and affect your ability to perform daily tasks.
Experienced lawyers also understand local and state laws that might impact your ability to file a claim. For example, under New York’s statute of limitations, victims typically have three years from the date of their accident to file a claim. But if your fall accident occurred due to unsafe conditions on government-owned property, you only have a matter of months to give notice of a pending fall injury claim. A chronic pain lawyer at David Resnick & Associates can help put together everything you need for a solid claim that is filed on time and pursued aggressively.
Your chronic pain attorney will negotiate on your behalf with insurance and fight for you in court if that’s what it takes to get the compensation you’re owed.
How Will a Lawyer Determine What My Claim is Worth for Chronic Pain
It’s difficult to put an exact dollar value on what chronic pain is worth because these types of injuries are usually categorized as general damages within the area of “pain and suffering.” These damages often don’t have a precise monetary value like lost income, which victims can prove with things like paystubs.
David Resnick & Associates will look at two main figures to estimate the value of a chronic pain claim: the severity of your injuries and expected recovery time. Depending on the details of your case, we might use these factors to determine how many days your pain might impact you and multiply that number by a “per diem” amount.
In other cases, the multiplier method is used. This is when the costs of pain and suffering is calculated as a multiple of your hard costs from the accident such as medical bills and lost income.
If you try to handle your claim on your own, you will likely face challenges in dealing with insurance adjusters because there isn’t a specific formula that everyone uses to calculate pain and suffering. No matter which method you use, insurers typically try to argue that victims deserve less for chronic pain.
However, a chronic pain attorney understands the calculation methods that specific insurance companies use. David Resnick & Associates can negotiate on your behalf and seek the full compensation you deserve.